HELLENIC REPUBLIC

MINISTRY OF LABOUR

AND SOCIAL AFFAIRS

GENERAL SECRETARIAT

FOR SOCIAL SECURITY

DIRECTORATE OF SPECIFIC ISSUES

IN SOCIAL SECURITY AND BENEFITS

DEPARTMENT OF

INTERSTATE/BILATERAL

AGREEMENTS AND RELATIONS WITH

INTERNATIONAL ORGANISATIONS IN

THE FIELD OF SOCIAL SECURITY

Athens,    05.08. 2020

F.  65130/30389/1225

TO:

COUNCIL OF EUROPE

DG I – Human Rights and Rule of Law

e-mail: DGI-ESC-ECSS-Governmental-Commitee@coe.int

Address: 29, Stadiou str.

Postcode: 101 10 Athens

Info:  P. Gkova

         G. Vagenas

Phone     : 2131516730

e-mail: interorgan@ypakp.gr

CC:

1. Permanent Representative of Greece

e-mail: grdel.ce@mfa.gr

2. Ministry of Foreign Affairs (D03)

e-mail: d03@mfa.gr

Subject: “38th Annual Report on the Application of the European Code of Social Security”.

Dear Sirs/Madams,

Please find enclosed the 38th annual report of Greece on the application of the European Code of Social Security (article 74 of the Code).

We remain at your disposal.

                Kind regards,

Ioannis Vroutsis

            Minister of Labour

              and Social Affairs

Enclosed:    National Report on the Application of the accepted parts of the ECSS

38th (THIRTY EIGHTH) ANNUAL REPORT

ON THE APPLICATION OF THE

EUROPEAN CODE OF SOCIAL SECURITY

GENERAL REPORT

FOR THE PERIOD FROM JULY 1st 2019 TO 30th OF JUNE 2020

(ARTICLE 74)

GREECE HAS ACCEPTED

PARTS I, II, III, V, VI, VIII, IX, X, XI, XII, XIII and XIV OF THE CODE

Part I: General Provisions

Part II: Medical Care

Part III: Sickness Benefit

Part V: Old-age Benefit

Part VI: Employment Injury Benefit

Part VIII: Maternity Benefit

Part IX: Invalidity Benefit

Part X: Survivors’ Benefit

Part XI: Standards to be complied with by Periodical Payments

Part XII: Common Provisions

Part XIII: Miscellaneous Provisions

Part XIV: Final Provisions

Report

by the Greek Government, in accordance with Article 74 of the European Code of Social Security for the period from 1st July 2019 to 30th June 2020, on the measures taken to give effect to the provisions of the ECSS, ratified by law 1136/13-3-1981.

Part I - General provisions.

1.                 Following the provisions of article 1 of law 4670/2020 (Government Gazette 43 A’), the “Single Unified Social Security Fund (EFKA)” is renamed to “Electronic National Social Security Fund”, hereinafter referred to as “e –EFKA”. The renaming of EFKA marks the transition of the social security system to the digital age, transforming EFKA and upgrading its online services to citizens.

The integration of the social security database is promoted and the digitalization of all social security functions aims to ensuring more efficient and faster services to the citizens. The integration of the social security database will allow the digitalization of all the functions of social security and consequently its better management.

The organization and operation of e-EFKA is governed by the provisions of law 4387/2016 (Government Gazette 85A’) and Presidential Decree 8/2019 (Government Gazette 8A’) “Organization of the National Electronic Social Security Fund: e-EFKA” as in force.

Furthermore, with the provisions of article 2 of law 4670/2020, from 1-3-2020 the Supplementary Insurance Branch and the Lump Sum Benefits’ Branch of ETEAEP are integrated into e-EFKA, while maintaining their financial and accounting autonomy and continue monitoring independently the contributions and benefits paid per branch. ETEAEP is abolished.

2.                 The provisions of article 34 of law 4670/2020 replace article 38 of law 4387/2016, as it was in force, with individual changes in the status of main pension insurance contributions of employees who are covered by e-EFKA.

Τhe basic framework for the calculation of the insurance contributions of employees does not change, and therefore the employees of e-EFKA continue to pay for the main pension a contribution of 20% (6.67% for the insured person and 13.33% for the employer) on all types of remuneration and up to the amount of € 6,500. The amount of € 6,500 is adjusted from 1/1/2023 according to the rate of change of the average annual general consumer price index of the previous year (in case of a negative price no adjustment is made), and from 1/1/2025 based on the wage change index.

3.         Τhe provisions of articles 35 and 36 of law 4670/20120, which replaced articles 39 and 40, respectively, of law 4387/2016, provide the following for the social security contributions of the self-employed and the farmers:

From 1/1/2020 a new regime for main pension contributions is formed for the self-employed, independent professionals and farmers. Specifically, six insurance categories are provided and the insured persons need to choose one.

For the self-employed and independent professionals who are engaged in professional activity for the first time, during the first 5 years of insurance, a special insurance category is provided.

The amounts of the insurance categories are as follows:

Monthly Contribution of the Self-Employed and the Independent Professionals

Insurance Category

Monthly Contribution

1st

€155

2nd

€186

3rd

€236

4th

€297

5th  

€369

6th

€500

Special Category  

€93

Monthly Contribution of Farmers

Insurance Category

Monthly Contribution 2020

Monthly Contribution 2021

Monthly Contribution 2022

1st

€87

€89

€91

2nd

€104

€107

€110

3rd

€132

€136

€139

4th

€166

€171

€175

5th  

€207

€212

€218

6th

€280

€288

€296

The above amounts are adjusted from 1/1/2023, according to the rate of change of the average annual general consumer price index of the previous year (in case of a negative price no adjustment is made), and from 1/1/2025 based on the wage change index.

4.         With the provisions of article 33 of law 4670/2020, article 37 of law 4387/2016 is replaced, regarding the voluntary insurance. Noting that, as far as the conditions of voluntary continuation of insurance are concerned, there has been no change, the employees who voluntarily continue their insurance, pay the entire amount of contribution (employer – employee), as it is formed at the time of beginning their insurance. The percentage is calculated on the average of the monthly salaries on which social security contributions were paid during the last twelve months before leaving their work, adjusted for the period until 2020 according to the change of the average annual general consumer price index and from 2021 onwards based on the salary change index provided by the Hellenic Statistical Authority (ELSTAT) (article 34 par. 4 of law 4461/2017).

Self-employed, independent professional and farmers pay the social security contribution corresponding to the insurance category they choose from the six provided.

The voluntary insurance starts from the date of submitting the application to e-EFKA and is carried out for a period of time that cannot be less than twenty five (25) insurance days per month and three hundred (300) days per year.

The voluntary insurance ends: a) at the request of the insured person, from the first day of the month following the request, b) with the retirement of the insured person due to old age or indefinite disability, c) if the insured person undertakes work or activity or acquires a status which is compulsorily subject to the insurance of e-EFKA and d) upon the death of the insured person.

Part II - Medical care

Article 37 of law 4670/2020:

There are no changes in the health insurance contributions paid by the employees under the EOPYY, nor in the working days they need to have completed for the granting of insurance capacity and health care benefits in kind.

In the reference period, the changes concerning medical care within the responsibility of EOPYY, are as follows:

• Implementation and expansion of the institution of family doctor through contracts with private providers.

• Dematerialized form of prescription for medicines, hygiene material for long-term use and special diet preparations (e-prescription).

The prescription is implemented without the physical presence of the patient, through the certification and identification of all users in the electronic prescription systems with interfaces with other national applications such as taxisnet.

• Completion of electronic medical check in the admissions to the Recovery-Rehabilitation Centers as well as in cases extending the stay of the patient.

• Completion of electronic medical check in the special treatments for children-adolescents and adults, as well as complete linking with the individual file of the patient for information on the progress of the process of prescribing and approving treatments.

• Designing the application of Diagnosis Related Groups (DRGs) in the costing of medical services provided in the secondary care.

Specifically for the first half of 2020 and due to the coronavirus, the following measures were taken without permanent character:

• Abolition of the written approval needed by a medical examiner for all benefits in kind provided by the Organization, in order to avoid overcrowding and unnecessary additional movement.

• Extension of the validity of referrals for treatments and hygiene material granted, until 30-6-2020, in order for them to be implemented at a later time without having to be re-prescribed.

Part III – Sickness benefit

No changes.

STATISTICAL DATA  

Article 74- Title I (Sickness Benefit)

Private Sector

Year

2019

1/2020-31/5/2020*

Number of the insured who were granted sickness benefit*

228.752

49.086

Days of subsidy

3.947.715

819.866

* The number of insured persons is approximately based on the number of sickness benefit subsidy decisions. For the period 1/2020-5/2020 the number of cases is an estimate and reduced due to the pandemic.

Public Sector

No statistics available. The remuneration of public sector employees in case of illness is based on the provisions of the Civil Service Code.


Part VIII - Maternity Benefit

No changes

STATISTICAL DATA

Title Ι - Article 74 (Maternity Benefit)

Year

2019

1/2020-31/5/2020*

Directly insured

32.117

7.056

Indirectly insured

0

0

Days of subsidy

3.748.099

780.303

*Note: For the period 1/1/2020 to 31/5/2020 the number of cases is an estimate and reduced due to pandemic.

Source: Directorate of Study of the e-EFKA.

The following changes in legislation concern Parts V, VI, IX and X:

Article 120 of Law 4623/2019:

A ceiling on the monthly main pension / pensions granted by e-EFKA is established. The maximum monthly main pension / pensions is set as the gross amount corresponding to twelve times the full amount of national pension, according to paragraph 6 of article 7 of law 4387/2016 which corresponds to twenty years of insurance. The maximum amount is € 4,608 (= 12 * 384). The ceiling is set, provided that insurance periods until 31.12.2016 are taken into account for the calculation of the pension.

Article 24 of Law 4670/2020 which amends Article 8 of Law 4387/2016.

New replacement rates are introduced to calculate the contributory part of the pension granted by e-EFKA, in order to increase the pension amount for the insured persons that have completed more than 30 years of insurance.

The final amount of the contributory part of the pension is calculated for the total insurance period, based on the percentage of replacement of the table below. The replacement rate for each year of insurance within each year scale corresponds to the rate indicated in the third column of the table.

Until 30-09-2019 the replacement rates for each insurance period are shown in the following table 1:


YEARS OF INSURANCE SCALE

REPLACEMENT RATE

FROM

TO

0

15

0,77%

15,01

18

0,84%

18,01

21

0,90%

21,01

24

0,96%

24,01

27

1,03%

27,01

30

1,21%

30,01

33

1,42%

33,01

36

1,59%

36,01

39

1,80%

39,01

42 and more

2,00%

From 1-10-2019 the replacement rates for each insurance period are shown in the following table 2:

YEARS OF INSURANCE SCALE

REPLACEMENT RATE

FROM

TO

0

15

0,77%

15,01

18

0,84%

18,01

21

0,90%

21,01

24

0,96%

24,01

27

1,03%

27,01

30

1,21%

30,01

33

1,98%

33,01

36

2,50%

36,01

40

2,55%

40,01 and more per year

0,50%

Article 25 of Law 4670/2020 that amends Article 14 of Law 4387/2016.

A recalculation is introduced for the pensions already paid as well as whose calculation is pending, on the basis of the above new replacement rates.

Article 26 of Law 4670/2020 that replaces Article 19 of Law 4387/2016.

The procedure for awarding a pension by e-EFKA is modified, in cases where the insured person has been insured in more than one social security funds that were integrated in e-EFKA (successive insurance).


The following change in legislation applies only to Part V:

Article 27 of Law 4670/2020 that replaces Article 20 of Law 4387/2016. Employment of pensioners.

The rate of pension reduction is reduced from 60% to 30% for e-EFKA pensioners who undertake a job or are self-employed in activities compulsory covered by e-EFKA insurance. Also, in case of employment in General Government, the pension is suspended until the completion of the 62nd year of age.

The following change in the legislation applies only to Part IX:

Article 28 par. 10 of law 4670/2020.

A favorable provision is introduced for the submission of a new pension application, for pensioners whose pensions have been suspended due to the employment of disabled children, spouses or siblings. The right to a pension is examined according to all retirement provisions, due to old age, at the time of submitting the new application.

Part V – Old Age Benefit

STATISTICAL DATA

Article 74 - Title I (Old-age pension)

Private Sector

Year

2019

June-20*

Number of pensions

778.200

771.455

Public Sector

Year

Dec -18

Dec -19

Number of pensions

341.008

334.432

*Note: The data for 2019 is an estimate.

Source: Study Division of e-EFKA.


All the funds

Month/Year

12/2019

06/2020

Number of pensioners

1.886.087

1.870.492

Number of pensions

1.907.190

1.888.281

Source: IDIKA, data as reflected in the monthly "Helios" retirement expenditure reports 12/2019 and 06/2020.

Part VI - Employment Injury Benefit

STATISTICAL DATA

Article 74 - Title Ι (Pension/Benefit due to an accident at work or an occupational disease)

Private Sector                                                                                          

Year

2019

June -20*

Number of pensioners due to an accident at work or an occupational disease

3.176

3.101

Note: Data for 2020 is an estimate.

Source: Directorate of Study of the e-EFKA.

The data concerning the public sector are included in the tables of invalidity below

Part IX - Invalidity Benefit

STATISTICAL DATA

Article 74 – Title Ι

PRIVATE SECTOR (Invalidity pension excluding accidents at work and occupational disease)

Year

2019

June -20*

Number of invalidity pensions

92.769

91.185

PUBLIC SECTOR (Invalidity pension including accidents at work and occupational disease)

Year

Dec 2018

Dec 2019

Number of invalidity pensions

7.901

7.823

*Note: Data for 2019 is an estimate.

Source: Directorate of Study of e-EFKA.

Article 74- Title I  - Invalidity pension (All the pensioners)

Year and month

12/2019

06/2020

Number of pensioners

208.694

204.900

Number of pensions

242.232

237.731

Source: IDIKA (ΗΔΙΚΑ), data as reflected in the Monthly Retirement Expenditure Reports 'Helios' of 12/2019 and 06/2020.

Part X – Survivors’ Benefit

STATISTICAL DATA

Article 74 – Title I  (Survivor’s Pension)   

Private Sector

Year

2019

*June -20

Number of pensions

290.557

291.261

*Note: Data for 2020 is an estimate.

Source: Directorate of Study of e-EFKA.

Public Sector

Year

Dec -18

Dec -19

Number of pensions

91.191

91.883


Article 74- Title I  - Survivors’ pension (All the pensioners)

Year and month

12/2019

06/2020

Number of Pensioners

384.716

382.601

Number of Pensions

595.043

594.163

Source: IDIKA (ΗΔΙΚΑ), data as reflected in the Monthly Retirement Expenditure Reports 'Helios' of 12/2019 and 06/2020.

Part XI - Standards to be complied with by Periodical Payments

SOURCE: e-EFKA -GENERAL DIRECTORATE FOR STRATEGY & DEVELOPMENT STRATEGY - DIRECTORATE FOR STUDIES

Worker Type: art. 65 (6) b, Manufacturing (D), ISCO 7 (having previously rejected the economic activities (hotels and restaurants) due to seasonality and Z (Wholesale and Retail Trade) due to the low percentage of manual workers.)

Reference salary: 1,382.65 €

Calculated using the database of 5/2019, is the average wage of all employees based on the above type of worker and refers to 25 days of insurance.

Basic Unit Time: 1 month

Currency Unit: €

Monthly Retirement Benefit:

It was calculated according to the art. 65 (1). The main pension has been calculated on the basis of Law 4387/2016, as in force.

(A) Old-age pensions:

Replacement Rate: 40%

Monthly Reference Wage: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

1.                  Type of beneficiary: Male, skilled, manual, with spouse and 40 years of insurance – Full pension

Replacement Rate: 40%

Monthly Reference Wage: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

Pensionable salary after 40 years of contributions 2,737.92 euro

AMOUNT OF PENSION

National pension 384.00

Contributory pension 1,369.24

Main Pension 1,753.24

Supplementary Pension 487.33

Sum 2,240.57

Retirement pension replacement rate: 162.05% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 81.83%

2. Beneficiary type: male, skilled, manual, with spouse and 30 years of insurance - Full pension

Replacement Rate: 40%

Monthly Reference Salary: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

Pensionable salary after 30 years of contributions 2,111.65 euro

AMOUNT OF PENSION

National pension 384.00

Contributory pension 556.84

Main pension 940.84

Supplementary Pension 282.92

Sum 1,223.76

Retirement pension replacement rate: 88.51% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 57.95%

3. Beneficiary type: Male, skilled, manual, with spouse and 30 years of insurance - Reduced pension

Replacement Rate: 40%

Monthly Reference Salary: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

Pensionable salary after 30 years of contributions 2,111.65 euro

AMOUNT OF PENSION

National pension 268.80

Contributory pension 556.84

Main pension 825.64

Supplementary Pension 203.30

Sum 1,028.94

Retirement pension replacement rate: 74.42% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 48.73%

4. Type of beneficiary: Male, skilled, manual, with spouse and 15 years of insurance - Full pension

Replacement Rate Limit: 40%

Monthly Reference Wage: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

Pensionable salary after 15 years of contributions 1,521.91 euro

AMOUNT OF PENSION

National pension 345.60

Contributory pension 175.78

Main Pension 521.38

Supplementary Pension 96.56

Sum 617.94

Retirement pension replacement rate: 44.69% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 40.60%

5. Beneficiary type: Male, skilled, manual, with spouse and 15 years of insurance and 62 years of age - Reduced pension

Replacement Rate: 40%

Monthly Reference Wage: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

Pensionable salary after 15 years of contributions 1,521.91 euro

AMOUNT OF PENSION

National pension 241.92

Contributory pension 175.78

Main pension 417.70

Supplementary Pension 71.36

Sum 489.06

Retirement replacement rate: 35.37% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 32.13 %

B) Monthly Pension from an Employment injury or occupational disease:

Beneficiary type: Male, skilled, manual, with spouse and two children and one day of insurance

Replacement Rate: 50%

Monthly Reference Wage: 1,382.65

50% of the Reference Wage: 1,382.65*0.50=691.33 euro

Pensionable salary 985.46 euro

AMOUNT OF PENSION

National pension 768.00

Contributory pension -

Main pension 768.00

Supplementary* 

Sum 768.00

Retirement pension replacement rate: 55.55% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 77.93%

* Supplementary Pension is not provided for one day of insurance, according to the Greek legislation.

(C) Invalidity pensions:

Beneficiary type: Male, skilled, manual with spouse and two children and 15 years of insurance

Replacement Rate: 40%

Monthly Reference Wage: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

Pensionable salary 1,521.91 euro

AMOUNT OF PENSION

National pension 345.60

Contributory pension 175.78

Main Pension 521.38

Supplementary pension 81.51

Sum 606.69

Retirement replacement rate: 43.88% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 39.86%

(D) Survivors' pension:

Beneficiary type: widow of a skilled male manual worker with 2 children and 15 years of contributions.

Replacement Rate: 40%

Monthly Reference Wage: 1,382.65

40% of the Reference Wage: 1,382.65*0.40=553.06 euro

AMOUNT OF PENSION

National pension +Contributory pension: 724,97

Main Pension: 724,97

Supplementary pension 85,31 (an estimation)

Sum 810,28

Retirement pension replacement rate: 58.60% (according to the ECSS)

Gross pension replacement rate (in relation to average entire working life earnings before retirement): 53,24%

(Ε) Sickness Benefit:

Beneficiary type: Skilled male manual with spouse and 2 children

Replacement Rate: 45%

Monthly Reference Wage: 1,382.65

45% of the Reference Wage: 1,382.65*0.45=622.19 euro

For a skilled male manual worker the daily sickness benefit to which he is entitled (with spouse and 2 children) is € 29.39 per day of sickness, which is the maximum amount that can be given as a daily sickness benefit. The amount of the sickness benefit is different for the first 15 days of the subsidy and amounts to € 15.99.

Therefore, for the 1st month, the monthly sickness benefit is € 680.70 (15.99 x 15 +29.39 x 15 = 680.70), so the replacement rate in the monthly reference wage is 49.2% (680, 70 / 1,382.65 = 49.2%).

For each of the following months, the monthly sickness benefit is € 881.70 (29.39 x 30 = 881.70), so the replacement rate in the monthly reference wage is 63.8% (881.70 / 1,382.65 = 63, 8%).

Notes:

• For the year 2019 until 6/2020 paraplegic benefits from the disability category have been excluded,

• the figures reported for 6/2020 are estimated

• The number of insured persons entitled to sickness benefit is roughly based on the number of sickness subsidy decisions.

Part XII – Common Provisions

No changes.

Part XIII - Miscellaneous Provisions

Answered under each ratified part (articles 15, 27, 33, 48, 55 and 61).

Appendix

REPLY - Conclusions of the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Organization concerning the application of the European Code of Social Security by Greece

Part III (Sickness benefit), Article 16 of the Code.Rate of benefit for the first 15 days of incapacity for work.

The Committee therefore once again requests the Government to calculate the replacement rate of the sickness benefit provided to the standard beneficiary in the first 15 days of absence from work as indicated in the report form for the Code.

For a skilled male manual worker the daily sickness benefit to which he is entitled (with spouse and 2 children) is € 29.39 per day of sickness, which is the maximum amount that can be given as a daily sickness benefit. The amount of the sickness benefit is different for the first 15 days of the subsidy and amounts to € 15.99.

Therefore, for the 1st month, the monthly sickness benefit is € 680.70 (15.99 x 15 +29.39 x 15 = 680.70), so the replacement rate in the monthly reference wage is 49.2% (680, 70 / 1,382.65 = 49.2%).

For each of the following months, the monthly sickness benefit is € 881.70 (29.39 x 30 = 881.70), so the replacement rate in the monthly reference wage is 63.8% (881.70 / 1,382.65 = 63, 8%).

Part VI Article 36(2) and (3) of the Code.Benefits for incapacity of less than 50 per cent.

The Committee requests the Government to take appropriate measures, without further delay, in order to bring the national legislation in this respect in compliance with Article 36(2) of the Code.

The provisions of article 27 of law 4387/2016 mentioned in the conclusions of the Committee of Experts, provide for the application of common rules for the insured of the public and private sector.  However, the same provisions of par. 1 of article 27 of the above law provide for an exemption from the common rules for those subject to public insurance, meaning for those occupied according to the provisions of Presidential Decree 169/2007 (Chapter B of Law 4387/2016) which exclusively regulate the relationship of civil or military employees with their service.

 It should be noted that according to the provision of par. 3e of article 4, Chapter B of law 4387/2016, the civil servants and the military employees are not included in EFKA and do not follow the uniform rules of law 4387/2016 for the cases of pensions due to incapacity or due to death that occurred explicitly and unquestionably due to the service, in accordance with the provisions of the Presidential Decree 169/2007 in combination with those of Presidential Decree 168/2007.

The above persons are still subject to the insurance-pension regime of the public sector and their pensions are regulated on the basis of the provisions in force at the time of entry into force of the law 4387/2016 and are paid by the State.

The above exclusion is justified both by the special relationship of civil servants and the military personnel with their service and by the particularity of the profession of certain categories of public sector such as personnel of the army, the police etc.

The provisions of the European Social Security Code have always been applied to the insured persons of the private sector and not to those subject to the provisions of the Code of Political and Military Pensions.

Therefore, the common rules regarding the minimum pensionable disability rate exist after Law 4387/2016 for the insured in the private sector. The insured persons of this category have the possibility of receiving periodic payments (pension benefit due to disability), only if they are considered disabled with a percentage of 50% or more.

At this point we would like to mention that despite the fact of non-compliance with the provisions of article 36 par. 2 of the Code, the provisions of law 4387/2016 for the calculation of the pension due to disability with 50% result to a higher amount of disability pension. This is because while under previous legislation the disabled person was entitled to 50% of the full pension, according to the new provisions of Law 4387/2016, only the national pension is reduced by 50%, while there is no reduction in the contributory part of the pension.

Special mention should be made for the threshold set out in Article 31 for the insured persons of private sector that might have a work accident. Specifically, in case of a disability due to an accident at work or an occupational disease, the amount of the pension is calculated on the basis of Articles 7, 8 and 28. In no case can the amount of the beneficiary's pension be less than twice the amount of the national pension granted for twenty (20) years of insurance, as the amount is set in each case, in accordance with Article 7 of law 4387/2016.

Finally, the full compliance with paragraph 2 of Article 36 of the European Code requires a thorough study of the financial burden from the introduction of a disability pension for the personnel of private sector with a disability rate less than 50%.

All the parameters for granting disability pensions in accordance with the provisions of article 11 of Law 4387/2016 are into consideration, in order to consolidate the terms and conditions for granting a disability pension, wherever this is possible and taking into account any particularities that exist.

Article 65(10) of the Code.Adjustment of pensions to the cost of living.

The Committee requests the Government to provide explanations on the mechanisms established for the regular adjustment of benefits in accordance with article 14(4) of Law 4387/2016 and to set out how this adjustment provision has been implemented in practice since 2016 notably by providing the statistical data requested in the report form for the Code for the period 2016–18.

The provisions of article 25 of law 4670/2020, which replaced article 14 of law 4387/2016, as in force, provides for the adjustment of all pensions that have been calculated according to the provisions of law 4387/2016 or their calculation was pending, based on the new replacement rates of article 8 of law 4387/2016, from 01.10.2019, which were formed based on the relevant actuarial report and in compliance with no. 1891/2019 Decision of the Plenary Session of the Council of State.

Furthermore, paragraph 4 of the same article stipulates that the total amount of the pension is increased from 1.1.2023 per year, by a joint decision of the Ministers of Finance and Labour and Social Affairs, based on a factor resulting from the sum of the annual rate of change of GDP plus the rate of change of the average annual general consumer price index of the previous year divided by two (2) and does not exceed the rate of change of the average annual general consumer price index.

The starting point for the adjustment of pensions is determined on the basis of the assumptions taken into account during the establishment of the mechanisms for adjusting the pension benefits, by the competent National Actuarial Authority.